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In trend, court limits drug rebate AKS charges to easier ‘but-for’ standard

By Rivkin Rounds Staff on April 2, 2025
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An article in the March 10 issue of Part B News, “In trend, court limits drug rebate AKS charges to easier ‘but-for’ standard,” discussed a recent ruling on the False Claims Act (FCA) implications of the federal Anti-Kickback Statute (AKS). Rivkin Radler’s Jeff Kaiser was quoted in the article.

“Every time a Circuit Court of Appeals makes a ruling like this, there is the potential that district courts in other Circuits which have not yet addressed the issue can be influenced to follow the court’s ruling,” Jeff said. “District courts within Circuits which have addressed the issue are of course bound by their own Circuit Court’s ruling.”

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